S. Rajendra Babu, J.—The petition filed an application under section 119(2) of the Income Tax Act, 1961, seeking a direction to the Income Tax Officer to allow their claim for losses, unabsorbed depreciation and relief by way of investment allowance pertaining to the assessment year 1977-78. The application was disposed of by the Board stating as follows :

"The Ministry of Law has advised that section 119(2)(b) would not cover the case of a belated return on the basis of which loss for the purpose of carrying forward has to be determined and that matter is regulated by section 139, 72, 74 and 157. Section 119(2)(b) speaks of an 'application' or a 'claim' and not a 'return' to be filed beyond time. In this view of the matter, the Board regret their inability to interfere in the matter and to accede to the request of the petitioner. The Petitioner may be informed accordingly."

2. Aggrieved by this decision of the Central Board of Direct Taxes, the petitioner has approached this court.

3. Learned counsel for the petitioner submitted that the Board has rejected their application on irrelevant grounds; in several cases of hardship, the Board has interfered notwithstanding the fa